High Court of Gujarat

BHAGWANDAS RAMKISHAN TELANGEversusSTATE OF GUJARAT

Disposal: 39-RULE DISCHARGED/DISMISSED @ FH
Bench: HASMUKH D SUTHAR

Holding

The revision application is dismissed; the Family Court's maintenance order stands and the interim relief is vacated.

Summary

The applicant filed a criminal revision under Sections 397 and 401 of the Criminal Procedure Code seeking to set aside a Family Court order dated 23 July 2014 that awarded the wife a monthly maintenance of Rs.2,500. The Family Court had also stayed the order on the condition that the applicant deposit Rs.30,000 and pay Rs.4,000 monthly, including arrears. The applicant claimed regular payment of maintenance, while the wife’s counsel contended that only Rs.1,500 of arrears had been paid and a large balance remained. The High Court, noting the passage of time since the original order and the social justice purpose of maintenance statutes, declined to interfere with the Family Court’s award. It disposed of the revision application, vacated the interim stay, and directed the wife to pursue recovery of arrears in the appropriate forum.

Issues considered

Whether a criminal revision under CrPC Sections 397 and 401 can set aside a Family Court maintenance order.
Whether the High Court should vacate the interim stay granted by the coordinate bench.
Whether the wife must seek recovery of maintenance arrears through a separate proceeding.

Legislation cited

Code of Criminal Procedure, 1973s. 397, s. 401

Subjects

maintenancecriminal revisionCrPCFamily Courtarrearssocial justiceinterim stay

Judgment

   R/CR.RA/25/2015                                     JUDGMENT DATED: 12/03/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 25
                          of 2015

FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
==========================================================
        Approved for Reporting          Yes    No
                                                √
==========================================================
              BHAGWANDAS RAMKISHAN TELANGE
                              Versus
                    STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR MAHESH K POOJARA(5879) for the Applicant(s) No. 1
HCLS COMMITTEE(4998) for the Respondent(s) No. 2
MR NISARG N JAIN(8807) for the Respondent(s) No. 2
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 12/03/2026
                              JUDGMENT

[1.0] By way of present revision application under Section 397 read with
Section 401 of the Criminal Procedure Code, 1973 (for short “CrPC”), the
applicant has requested to quash and set aside the order dated
23.07.2014 passed by the learned Principal Judge, Family Court,
Vadodara in Criminal Misc. Application No.187 of 2010.

[2.0] Having heard learned advocates appearing for the respective
parties, it appears that the learned Family Court Judge awarded monthly
maintenance of Rs.2500/- to the respondent No.2 herein – wife vide the
impugned order. Vide interim order dated 05.03.2015, the coordinate
Bench has been pleased to stay the impugned order on condition that
the applicant shall deposit Rs.30,000/- in three weeks and shall continue
to pay Rs.4000/- towards monthly maintenance being Rs.2500 + Rs.1500


                                   Page 1 of 2
       R/CR.RA/25/2015                                                      JUDGMENT DATED: 12/03/2026




towards arrears.

[3.0] Learned advocate for the applicant has submitted upon
instructions that the applicant is paying the maintenance regularly.

[4.0] Refuting the said contention, learned advocate Mr. Nisarg Jain
appearing for respondent No.2 – wife has submitted that towards the
arrears, only Rs.1500/- being paid and huge arrears is yet to be
recovered.

[5.0] Considering the submissions made by the learned advocates
appearing for the respective parties and the controversy involved in the
matter and as the order to pay monthly maintenance of Rs.2500/-
regularly is passed way back in the year 2015, no interference at the
hands of this Court is required in the order awarding maintenance
considering the efÒux of time and considering the object of the Act to
award the maintenance to wife keeping in mind the social justice and
beneficial interpretation showing sympathy by ensuring that wife can
maintain herself with standard of living.

[6.0] In view of above, present criminal revision application is disposed
of with a clarification that the respondent No.2 – wife shall have liberty
to file appropriate proceeding before appropriate forum to recover the
arrears amount of maintenance pursuant to the impugned order dated
23.07.2014 passed by the learned Principal Judge, Family Court,
Vadodara in Criminal Misc. Application No.187 of 2010.

[7.0] With aforesaid direction, present criminal revision application is
disposed of. Rule discharged. Interim relief stands vacated forthwith.

                                                                                         Sd/-
                                                                       (HASMUKH D. SUTHAR, J.)
Ajay
   Original copy of this order has been signed by the Hon'ble Judge.
   Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 12/03/2026 17:06:44


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